California Supreme Court, 1875

Tyler v. Healey

California Supreme Court · Decided July 1, 1875

51 Cal. 191

Cases that cite this one

2 later published cases cite this decision.

Beirne v. Modern National Reserve (Mont. 1910)
Schaetzel v. City of Huron (S.D. 1894)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court:

When the defendant had partially examined one of his witnesses, he desired to recall him for further examination on matters material to the issue, and asked the leave of the court to recall him for that purpose. ■ On the objection of plaintiff, the court refused to permit the witness to be re*193called, on the ground that “the court has no discretion (to permit it) against the objection of the plaintiff.” The ruling is too clearly erroneous to merit discussion.

Judgment and order reversed, and cause remanded for a. new trial.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.